Company is not giving my f&f & marking me as absconding case

It is felt that all the contentions are in verbal mode.  Employee should record ( audio/Visual) such instances.

Since you have resigned by email you are not absent.

You should have submitted resignation by letter under acknowledgment also.

If you signed your acceptance on the copy of appointment letter notice pay as expressed in appointment letter can be deducted from your FNF settlement. If no appointment letter is issued to you, then you may obtain a copy of the certified standing orders and go thru the same. If certified standing orders are not applicable in your company model standing orders shall apply.

You may submit a representation by letter addressed to good offices of your appointing authority, MD/CEO, Head-HR, and narrate your suffering/reason fof resignation and demand acknowledgment/acceptance of resignation, work experience/service certificate, settlement of dues, payment of dues by bank DD only, FNF statement, form 16, PF number/ accumulation reports/withdrawal-transfer forms, relieving letter, NOC/NDC etc. so as reach you within next say 7 days.

If the good offices do not grant any relief you may approach a competent and experienced lawyer and give inputs and your lawyer may choose to issue legal notice and after assessing your designation, nature of job, salary etc may advice you O/o labor Commissioner/wages inspector, civil court.

 Employee should remain amiable and if   rude, bad conduct, torturous conduct at work place exceeds the threshold limit must report instances to good offices in writing under acknowledgment. If company maintains studied silence, or adopts tactics than being fair, employee should submit minutes. It becomes record for future.

4 months is too short a time in employment. Employee should check the credentials of employer before joining. Many unscrupulous employers resort to conduct as posted by you.

I worked for Datamatics Global Services Ltd. In the month of May-2010 I went to USA on business trip and returned in the month of Aug-2010. I sent my resignation in the month of Oct-2010 via email to my management and HR. In my resignation email I mentioned my date of joining, reason of leaving, date of leaving and requested them to adjust my notice period with my balance leaves. I also mentioned that I will pay for remaining days if my leave is not enough as as per Datatmatics policy I was supposed to serve 3 months of notice period. I also discussed on notice period with my management and HR. They were agreed to ignore this term and relive me on a good note since I worked there more than 5 years and I was one of the best performer there.

I was taken aback when Datamatics sent me full and final settlement of 250000 INR where they claimed entire USA trip cost from me as recoverable amount. Upon contacting to HR, they informed me this letter is from Head Office and they cannot intervene in this process. As per Head Office HR, I was under overseas bond which I broke but I never signed any bond or service agreement before going to USA neither I was informed by HR about such policy. From my side I checked policy-May-10 there was no service agreement clause etc was mentioned.

They refuse to give me experience letter, they adjusted my Gratuity in their full and final recoverable and over and above that they did not forward my PF Withdrawal form to regional PF office. I sent several emails to my regional and Head office HR on their bad practices but they always replied to me saying I have to first pay 2,50,000 INR and after that only they will forward my PF form to PF office and settle my gratuity.

I have all the evidence like email communication, company overseas policy etc but need help in getting PF and Gratuity amount from Datamatics.

Please advice how to get my experience letter, reliving letter, gratuity and PF amount from them.

@ Pravin

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